The Fourth Plenary Session of 20 14 proposed "to promote the regularization, specialization and professionalization of the rule of law team and improve the legal professional access system. Recruit legislators from qualified lawyers and legal experts,
Judge and prosecutor system. We will improve the standardized and convenient talent recruitment mechanism for political and legal graduates and improve the occupational security system. "Now the personal explanation for this part is as follows:
1. "Improve the standardized and convenient recruitment mechanism for graduates majoring in politics and law and improve the occupational security system", which stands for:
1. Under the requirements of the future judicial post system, up to 67% of judicial and procuratorial assistants and administrative personnel can directly select suitable graduates from political and legal colleges to enter the legal examination without passing the judicial examination;
2. In the absence of specialized personnel in the central and western regions, a new employment method designated by the state was introduced, and the practice of illegally selecting political and legal police officers in the Zhou Dynasty was abolished. Some law graduates will be solved in the future.
It is difficult for students to find jobs, and no one is recruiting for the judicial examination in the Midwest. At the same time, it can also promote the abolition of the history of applying for judicial examinations.
The second is to "promote the regularization, specialization and professionalization of the rule of law team and improve the legal professional access system", which represents:
1, specialization and regularization mean that the difficulty of illegal entry will be greatly improved, and it will gradually be eliminated from the field of judicial examination!
2. Professional representatives, the status of judicial personnel will improve! The difficulty of judicial examination will increase to meet the professional requirements of judicial personnel! The situation that examiners pay too much attention to objective questions will be greatly weakened.
The content and proportion of the investigation in Volume 4 will be gradually tightened, and the investigation in stages can be expected!
Three, "the establishment of a system of recruiting legislators, judges and prosecutors from qualified lawyers and legal experts, which represents:
1, the existing system, when judges and prosecutors want to take the civil service examination, lawyers can enter if they want, and they have to take the civil service examination? What if no one is suitable for you without taking the exam? Cancel the civil service examination when judicial personnel join the job!
The "Judges Law" does not say that civil servants must be tested. A judicial examination is enough!
2. Under the premise of implementing the post system, if judicial assistants and administrative personnel are required to pass the division examination, then lawyers will come in without taking the public examination, and no one will be convinced! Therefore, the future revision of the Judges Law will definitely not require it.
Assistant and administrative staff have passed the departmental examination!
3. So! The judicial examination will be the only "judicial career choice examination", and its difficulty is directly proportional to the honor of engaging in judicial career after passing!
Come on! Sao nian! ! !
You have caught up with the good times!
Perfecting the judicial security system plays an important role in the whole chain of judicial reform, which is of great significance for building a fair, efficient and authoritative judicial system. Judicial guarantee is a judicial machine.
In order to correctly exercise judicial power and procuratorial power according to law, it is the sum of various conditions and systems, including the guarantee of professional access, professional ethics, professional funds and professional identity.
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Perfecting the judicial security system is an important task of China's judicial reform, which plays an important role in the whole chain of judicial reform and plays an important role in building justice, efficiency and authority.
The judicial system is of great significance. On the other hand, there are still many defects in China's current judicial security system. For example, the professional entry threshold is low, and the phenomenon of judicial popularization is serious; Judicial personnel "eat the same pot"
The phenomenon is serious, the treatment of judicial personnel is uneven, and a large number of outstanding judicial talents are drained; The judicial reward and punishment mechanism is not perfect, judicial personnel have serious difficulties and worries in exporting, and lack sufficient professional security.
Sense of honor; Judicial personnel are satisfied with simple and passive response, and their enthusiasm and initiative are not strong and their efficiency is not high.
1. Judges and prosecutors should be older. In view of this, I think that the entry age and retirement age of judges and prosecutors should be adjusted appropriately. Judges and prosecutors are different from ordinary civil servants. they
Students need not only certain professional knowledge and skills, but also rich social experience and experience. Therefore, their working age should be appropriately older and not too young.
At present, the age of serving as a judge and prosecutor in China is 23, and the retirement age is 60 for men and 55 for women. These two age standards are not reasonable enough, indicating that the school age is too small and they have retired.
If the age is too early, both should be postponed appropriately. Considering the experience of foreign countries and the reality of China, I think it is appropriate to raise the school age by five years in both aspects, that is, to set the school age at 28 and the retirement age for men.
Women are determined to be 65 and 60 years old respectively.
Moreover, the retirement age should be the retirement age. If physical conditions permit, I can extend it for five years voluntarily.
Second, improve the judicial examination system.
At present, China's judicial examination has the characteristics of public examination and self-study examination. People who have not studied law may easily pass the judicial examination after a short period of sudden memory. such
This phenomenon is abnormal, which seriously restricts the quality and level of judicial personnel and is not conducive to selecting truly outstanding talents to judicial posts. I suggest that the judicial examination be divided into two stages: primary and advanced.
The second time.
Those who pass the primary examination may engage in legal services such as lawyers, companies and government legal advisers, but may not serve as judges or prosecutors; If you want to be a judge or a prosecutor, you need to enter an advanced stage.
Judicial examination. The judicial examination in the advanced stage needs to be highly targeted and divided into two aspects: written examination and interview. Only by passing the advanced judicial examination can you have the ability to serve as a subject in courts and procuratorates.
The qualification of a legal assistant, if you want to be promoted from a judicial assistant to a judge or prosecutor, you need to go through special judicial training and pass the judicial training examination before you can be selected as a formal judge or prosecutor.
Prosecutor. The above three tests can be called "initial test", "retry" and "final test" respectively. In this way, after three kinds of judicial examinations, plus systematic legal education and judicial professional literacy knowledge.
Knowledge literacy and ability literacy are basically guaranteed. After that, we should receive regular judicial training, constantly update judicial knowledge and improve judicial ability.
Third, there should be higher requirements for the president of the court and the procurator-general of the procuratorate.
The president of the court (including the vice president) and the procurator-general of the procuratorate (including the deputy procurator-general) should have higher requirements and qualifications than ordinary judges and prosecutors in logic and common sense. However, the current law
According to the Civil Service Law and the Public Prosecutor Law, to serve as the president of the court (including the vice president) and the procurator-general of the procuratorate (including the deputy procurator-general) only requires a bachelor's degree and certain legal work experience, and does not need to pass.
After passing the judicial examination, you may not even have a legal education background. This provision is obviously not conducive to enhancing judicial authority and judicial credibility. The phenomenon of "layman leading expert" that has been criticized in practice should be
It is necessary to overcome and pass legislation as soon as possible, and who will be the president of the court.
(including the vice president) and the procurator-general of the procuratorate (including the deputy procurator-general) should have a bachelor's degree or above in law, pass the judicial examination, and have longer legal experience than ordinary judges and prosecutors.
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Fourth, appropriately improve the economic benefits of judges and prosecutors.
I don't agree with the so-called high salary and honesty system widely practiced in western society. In the socialist judicial system, we mainly rely on intangible spiritual encouragement, bright career prospects and lofty social status.
Live out excellent judges and prosecutors, let them devote themselves to the cause of socialist justice, and ensure that they perform their duties fairly and efficiently according to law. Of course, after the judicial personnel implement classified management,
Judges and prosecutors will fight in the front line of judicial work, and according to the post system, they will bear heavier judicial responsibilities. At the same time, the responsibility for misjudged cases is becoming more and more strict, based on the principle of unity of rights and responsibilities.
Hair, we should appropriately improve their material conditions and economic benefits, so that they can improve their lives and relieve their worries in life. I suggest that under the premise of the same basic salary, according to the intensity of work,
We should adopt the basic principle of linking work performance with quantitative standards such as piece-rate wages, and improve the treatment guarantee of judges and prosecutors by issuing work allowances and bonuses. At the same time, we should build a more perfect
The pension system enabled him to work with peace of mind during his tenure. (The author Tang is a member of China People's Political Consultative Conference, a professor and doctoral supervisor at Renmin University of China Law School)